Variances to licensing rules

Variances to rules that do not affect the health or safety of persons in a licensed program can be granted if the following conditions are met:

• The variance must be requested by an applicant or license holder on a Variance Request DHS-3141 (PDF) and in a manner prescribed by the commissioner.
• The request for a variance must include the reasons that the applicant or license holder cannot comply with a requirement as stated in the rule and the alternative equivalent measures that the applicant or license holder will follow to comply with the intent of the rule.
• The request must state the period of time for which the variance is requested. 

For guidance specific to child care centers, see Variances for licensed child care centers.

Appealing variance decisions

Variances not subject to appeal: The commissioner's decision to grant or deny a variance request is final and is not subject to appeal.

Continuous variances

The commissioner may grant a continuous variance when conditions under which the variance is requested do not affect the health or safety of persons being served by the licensed program, nor compromise the qualifications of staff to provide services.

Policy on expiration of variances

Expiration of variances: A variance expires upon the specified date on the approved variance or when the conditions that warranted the variance are modified in any way. A continuous variance expires as soon as the conditions that warranted the variance are modified in any way.

Modifying a variance

An applicant or license holder must inform the commissioner of any changes or modifications that have occurred in the conditions that warranted the continuous variance. Failure to advise the commissioner shall result in revocation of the continuous variance and may be cause for other sanctions under sections 245A.06 and 245A.07.